HomeMy WebLinkAboutReso 174-05 SinghEminentDomain
RESOLUTION NO. 174 - OS
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING RESOLUTION NO. 133-05
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUIsmON OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL
IMPROVEMENT PROGRAM (CIP) PROJECT NO. 968S2, DOUGHERTY ROAD
IMPROVEMENTS - HOUSTON PLACE TO 1-580, WITH SCARLETT COURT ACCESS TO
DUDLIN DOULEV ARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM
DUDLIN DOULEV ARD TO SCARLETT COURT ELIMINATED - TEJINDAR P. AND
RAJINDAR K. SINGH, PROPERTY OWNERS
Assessor's Parcel No. 941-0550-04)9.11
WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and a temporary
construction easement within certain real property, particularly described in Exhibit "A," and as shown
on Exhibit "D," attached hereto and made a part hereof by reference, in order to construct, widen and/or
improve the intersection of Dublin Boulevard and Dougherty Road (the "Project"); and
WHEREAS, the City of Dublin is vested with the power of eminent domain to acquire real
property for the Project by virtue of Article I, Section 19, of the Constitution of the State ofCalifomia,
Government Code Sections 37350,5, 37353(a), and 40404, and Sections 1240.010, 1240,020, 1240,030,
1240.040,1240,050,1240,110, and 1240.120 of the Code of Civil Procedure of the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the
State of California, notice has been duly given to all persons whose property is to be acquired by eminent
domain and whose names and addresses appear on the last Alameda County equalized assessment roll, an
of whom have been given a reasonable opportunity to appear and be heard before the City ofDubHn on the
following matters:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
( c) Whether the property sought to be acquired is necessary for the Project;
(d) Whether the offer required by Government Code Section 7267.2 has
been made to the owner(s) of record.
WHEREAS, pursuant to the provisions of Section 7267.2 ofthe Government Code of the State of
California, the City of Dublin has made an offer to the owner or owners of record to acquire the 8lIbject
property for just compensation;
1
WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality
Act for the Project;
WHEREAS, on June 21, 2005, the City Council for the City of Dublin adopted Resolution No,
133.05 ("Resolution of Necessity") directing the filing of eminent domain proceedings; and
WHEREAS, this Amended Resolution of Necessity is intended to supplement the original
Resolution of Necessity (Resolution No. 133-05) after the City Council has considered additional
information relating to the findings made in the original Resolution;
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project for the acquisition of the fee simple and
the temporary construction easement in and through the above-identified parcel ofland.
2, The Project is planned and located in the manner which will be most compatible with the
greatest public good and the least private injury.
3. The taking of the fee simple title and the temporary construction easement in and to the real
property more particularly described in said Exhibit "A" and shown on said Exhibit "B" is necessary for the
Project.
4, The offer required by Section 7267.2 of the Government Code of the State of California has
been made to the owner or owners of record of the real property,
5. The City Attorney of the City of Dublin or her duly authorized designee be, and she is
hereby, authorized and directed to institute and conduct to conclusion an action in eminent domain for the
acquisition of the estates and interests aforesaid and to take such action as she may deem advisable or
necessary in connection therewith,
6, An order for prejudgment possession may be obtained in said action and a warrant issued to
the State Treasury Condemnation Fund, in the amount determined by the Court to be so deposited, as a
conditiori to the right of immediate possession.
The foregoing Resolution was adopted at a regular meeting of the City Council held on the
16th day of August, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councîlmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
None
None
None
Mayor
ATTEST:
4(\~~flA,v
City Clerk
",ICC-MTGS\2005-qtr3\Augl )8-16'()5\l74-05 """"""""" ,;"gh.lXJC (It om 6.3)
2
FEE ACQUISITION
APN No. 941-0550~009-11
Exhibit "A"
AJI that real property situate in the City of Dublin, County of Alameda, Stale of California,
described as follows:
Being a portion of Parcel 1 and 2 described in that certain document recorded on August I, 1994 in
Document No. 94268159, Alameda County Records, more particularly described as follows:
BEGINNING at the SOútheasterly comer of said Parcel 2, also being the southwesterly comer of
the parcel described in that certain document entitled "Right of Way Deed for Dougherty Road,
Ci.ty of Dublin, California" recorded on Maroh22, 1996 in Document Series No. 96072188, said
county records;
Thence along the southerly line of said Parcel 2, North 88D46' 58" West 20.67 feet;
Thence leaving said southerly line, North 32"49' 44" West 120.88 feet to the beginning of a curve
to the lett having a radius of 42.00 feet; .
Thence along said curve, through a central angle of 89°25' 13", for an arc length of 65.55 feet;
Thenoe Soulh 57°45'03" WeSt 139.14 feet to the westerly line of said Parcell;
Thence along said line, thc following two (2) courses:
L North 01°13'02" East 10,26 feet to the beginning of a curve 10 the right, having a radius of
50.00 feet;
2. Along said curve, through a central angle of 0°56'01", an arc length of 0.81 feet to the
southeasterly line of the parcel described in that certain document entitled "Irrevocable
Offer to Dedicate Real Property" recorded on March 22, 1996 in Document Series No.
96072189, said county records
Thence leaving said westerly Hne and along last said liné. North 55DI6'51" East 164,64 feet to the
. northerly Hne of the parceJ described in said Document No. 96072188;
Thence leaving said southeasterly line and along last said line, South 88°15'43" East 24,13 feet to
the westerly Hne of last said parcel, being the beginning· of a non,tangent curve to lhe right having
a radius of 176,00 feet, to which point a radial line bears North 40°38' 15" East;
Exhibit "A"
Page 1 of2
Thence leaving last said northerly hne, and along last said line the folJowing two (2) courses:
1) Southeasterly along said curve, through a central angle of 16°33'45", an arc length of 50.88
feet;
2) South 32°48'00" East 126.59 feet to the POINT OF BEGINNING.
Containing an area of 5,480 square feet, 0.13 acres, more or less.
TOGETHER' with. a Temporary Construction Easement, to terminate upon compleUon of
construcUon, for the purposes and incidents thereto over, under, across and upon a strip of land 8
feet in width, beginning at the southerly.line of said Parcel 2, northwesterly and parallel to the
parcel described above for a distance of 118.60 feet, thence a strip of land 5.00 feet in width and
parallel to the parcel described above, across said Parcell, the northeasterly, northerly and
northwesterly line of said strip lying contiguous to the southwesterly, southerJy and southeasterly
line of the above described parcel and bounded on the southeast by the southerly line of said Parcel
2 and on the west by the westerly line of said Parcell.
A plat showing the above described parcel and tempornry easement is attached hereto and made a
part hereof as Exhibit "B".
This description was prepared by me or'under my direction in conformance with the Professional
Land Surveyors Act.
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Exhibit "An
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4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-'-396-7700 .
925-396-7799 (FAX)
Sub 'ed EXHIBIT "B"
DUgLlN BLVD. DOUGHERTY RD, WIDENING
Job No, 20016002
By RL Date 03/21/05 ChkdRJ:L_
SHEET 1 OF 1
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CITY OF DUBLIN
100 Cìvlc 1~ l<:lZ;.1. IJIJl)lin, C;Jlifornia fj¡!:¡6iJ
Web.:)ite: http://www.oi.dublin.ca.w;
******************************************************
I hereby certify under penalty of perjury that the
attached Resolution No. 174 - 05, adopted by
the Dublin City Council on August 16, 2005, is
a true and accurate copy of said document
taken from the official files of the City of Dublin.
Date:
~~ '1. ~~
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-
Fawn Holman, City Clerk
By:
Area Goda (025) . City Manager ij33-6650 . City C(Jl)r1()il 833-6650 . PersonrH~1 8:~3-6605 . Economic Development 833-6650
¡:'inance 8:):)· 664n . Public Works/E;ntJineering 8.'3~)-()ß:m . Parks & Community Sf:!fviçes 333-6645 . PolicA 833-6670
Planning/CodCJ Enforcement 833-6610 . Building Inspection W33-6620 . Fire Prevfmriorl Bureau 833-6606
Printed on FiecycÜ;¡¡'J Pqpf!r